How Spousal Support Works in Pennsylvania
Few issues in divorce involve more stress than negotiating money. Spousal support is no exception to this rule. Dividing up a house inherently means some of your family’s assets will leave your coffers, which adds to the emotional distress of the divorce.
If you’re concerned about maintaining financial stability during or after a divorce, it’s important to understand how Pennsylvania courts approach financial support between spouses. With the right legal assistance, you can prepare for what’s ahead and work toward a fair resolution that reflects your needs and rights.
What Is Spousal Support in PA?
Under Pennsylvania Rules of Civil Procedure 1910.1 through 1910.50, spousal support is defined as the support given before the divorce complaint is officially filed by you or your soon-to-be-former spouse. This kind of monetary payment is designed to give the spouse support before, during, and after the divorce is filed.
Spousal Support
This type of support may be awarded before a divorce complaint is filed, typically when the spouses are separated. It is intended to maintain financial stability for the lower-earning spouse during separation. Otherwise, a lack of funds would end up impacting the fairness of the divorce proceedings.
Alimony Pendente Lite (APL)
After a divorce complaint is filed but before the divorce is finalized, a spouse may request APL. This temporary financial support allows both parties to maintain fairness during litigation. It is especially important in cases where one partner made the majority of the marital income.
Alimony
Once the divorce is finalized, alimony can be awarded. Unlike spousal support, alimony isn’t automatic. This is one of the reasons why it is so essential to have a highly rated legal team on your side throughout the negotiation process.
How Is Spousal Support Determined?
When it comes to resolving financial issues in divorce, there are basic calculations a judge can use to determine how much spousal support should be given. However, they do have leniency to change this amount at their discretion. In general, spousal support is determined based on the same factors as child support.
The judge will review the net monthly income for both spouses. Then, they’ll apply a percentage to the income difference, although this percentage can vary based on whether your marriage produced children or not. Typically, the low-earning spouse should be given 30% of the difference in wages.
Even though there are specific guidelines about how much should be given as spousal support, the judge has discretion to change this amount. For example, they can adjust the spousal support based on the length of the marriage, one person’s ability to earn significantly more, and the presence of unusual expenses.
Can Spousal Support Be Divided in PA?
If you don’t want to pay spousal support, there are instances where it can be denied. Under an entitlement defense, you can argue against spousal support based on the presence of adultery, abuse, abandonment, or mistreatment.
After the Divorce: Getting Financial Assistance Through Alimony
It’s important to talk to a professional attorney as you navigate your divorce. While you have a right to spousal support, alimony is not a guarantee. To determine if you get alimony or not, the state uses factors listed in 23 Pa.C.S. § 3701. The length of your marriage, earning capacity, age, general health, and standard of living are all important factors.
Additionally, the state will look at the type of support you provided in the marriage. If you were a homemaker or supported your spouse during their education and career, this can impact the alimony amount. Although you were not paid for these roles, they contributed to the household and allowed your spouse to earn more.
How Long Will Alimony Last?
In Pennsylvania, there is no rule that says exactly how long alimony will last in every case. It is determined on a case-by-case basis. While not legally mandated, many family law practitioners and judges often follow a basic rule of thumb. For every three years of marriage, the spouse may be given a year of alimony payments.
Alimony payments can be modified early in some instances. For example, a job loss, an increase in income, or the remarriage of a spouse may cause alimony to be terminated or changed. For example, if you fall in love in five years and get married, it may end your alimony payments. The new partner shares income and provides support, reducing the need for alimony.
Partner With a Skilled PA Divorce Attorney
At the Clause Law Group, we’ve worked on divorce cases in Luzerne, Wayne, Monroe, Lackawanna, and Pike Counties. As a result, we know what it takes to meet Pennsylvania’s legal standards. Whether you are trying to increase your alimony or want to prevent your partner from draining your bank account, our team of lawyers has the legal experience you need.
We’re committed to helping you achieve a fair outcome in your case. From compiling evidence to negotiating a settlement, we can manage the entire divorce process.
Learn more about solving your divorce-related problems by filling out our online form.
